Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />9.23.040 Provision, display for sale, sale or distribution of substances claimed or <br />represented to be synthetic drugs prohibited. <br />(a) It is unlawful for any person to claim or represent that a product that person is <br />storing, providing, displaying for sale, distributing or selling is a synthetic drug within the City of <br />Colton. <br />(b) To determine if a person is claiming or representing that a product is a synthetic <br />drug, the enforcing officer may consider any of the following evidentiary factors: <br />(1) The product is not suitable for its marketed use (such as a crystalline or <br />powder product being marketed as "glass cleaner"); <br />(2) The business providing, displaying for sale, distributing or selling the <br />product does not typically provide, distribute or sell products that are used for that product's <br />marketed use (such as a liquor store selling "plant food"); <br />(3) The product contains a warning label that is not typically present on <br />products that are used for that product's marketed use (such as "not for human consumption," <br />"not for purchase by minors," or "does not contain chemicals banned by section 11357.5"); <br />(4) The product is significantly more expensive than products that are used for <br />that product's marketed use (such as half of a gram of a substance marketed as "glass cleaner" <br />costing $50.00); <br />(5) The product resembles an illicit street drug (such as cocaine, <br />methamphetamine or marijuana); or <br />(6) The product's name or packaging uses images or slang referencing an illicit <br />street drug (such as "Eight Ballz" or "Green Buddha"). <br />(c) Merely disclaiming a substance claimed or represented to be a synthetic drug as <br />"not safe for human consumption" will not avoid the application of this section. <br />9.23.050 Possession of synthetic drugs prohibited. <br />It is unlawful for any person to possess any synthetic drug within the City of Colton. <br />9.23.060 Public nuisance. <br />(a) It is a public nuisance for any person to store, provide, display for sale, distribute <br />or sell any synthetic drug within the City of Colton. <br />(b) It is a public nuisance for any person to allow the storage, provision, display for <br />sale, distribution or sale of any synthetic drug on property owned, controlled or managed by such <br />person within the City of Colton. <br />(c) It is a public nuisance for any person to provide, display for sale, distribute or sell <br />any substance claimed or represented to be a synthetic drug within the City of Colton. <br />-9- <br />